• The Korean Journal of Archival Studies
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• no.35
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• pp.41-91
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• 2013

There have been numerous steps of growth in policy system since the legal systemization through the enactment of Information Disclosure of public institution Act in 1996 and Records Management of public institution Act in 1999 as well as infrastructure advancement led by government bodies, but it still shows insufficiency in some aspects of information disclosure system and records management. In particular, the issue of reliability on record information disclosed through information disclosure system is raised, and institutional base through the legal and technical devices to ensure the reliability are not well prepared. Government has attempted to enact laws and regulations to guarantee the public right to know through information disclosure and records management at government level, and establish the national system in a way that advances the infrastructure for encouraging the participation in state affairs and utilization of national record information resources. There are limitations that it lacks internal stability and overlooks the impact and significance of record information itself by focusing upon system expansion and disclosing information quantatively. Numerous record information disclosed tends to be falsified, forged, extracted or manufactured by information disclosure staffs, or provided in a form other than official document or draft. In addition, the disclosure or non-disclosure decisions without consistency and criteria due to lack of information disclosure staff or titular supervising authority, which is likely to lead to societal confusion. There are also frequent cases where the reliability is damaged due to voluntary decision, false response or non response depending upon request agents for information disclosure. In other cases, vague request by information disclosure applicant or civil complaint form request are likely to hinder the reliability of record information. Thus it is essential to ensure the reliability of record information by establishing and amending relevant laws and regulations, systemic improvement through organizational and staff expertise advancement, supplementing the information disclosure system and process, and changing the social perception on information disclosure. That is, reliable record information is expected to contribute to genuine governance form administration as well as accountability of government bodies and public organizations. In conclusion, there are needed numerous attempts to ensure the reliability of record information to be disclosure in the future beyond previous trials of perceiving record information as records systematically and focusing upon disclosing more information and external development of system.

• Journal of Korean society of Dental Hygiene
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• v.3 no.1
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• pp.59-72
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• 2003

The purpose of this study was to examine what the role of denial hygienist was. The subjects were 751 dental hygienists from dental clinics, dental hospitals, general hospitals, public dental clinics and their branches throughout the nation. After a survey was conducted, the collected data were analyzed with SPSS WIN 10.0, and variance analysis and post-analysis were implemented. And Forgarty's 8th integrated model, out of 10 ones, was selected to delve into the practical role of dental hygienist in detail. The findings of this study were as follows: 1. The three age groups had a significantly different opinion on the significance of individual subjects. The dental hygienists of thirty six and over found the basic and preventive public dental care courses most important, and the 31~35 age group placed most stock in education and research. Overall, the post-analysis results showed that prevention and clinical courses were considered most vital, followed by education and fundamental courses. 2. There was a significant gap between four groups from the different work places in their view of the weight of the individual subjects. According to the post-analysis, the dental hygienists from the general hospitals, public dental clinics and their branches gave more weight to fundamental, education and research areas. Those who were with the dental clinics, dental hospitals and general hospitals put higher value on clinical course than the dental hygienists from the public dental clinics and their branches. 3. Two groups with a different career also had a different outlook on the importance of the individual subjects. The post-analysis results illustrated that the dental hygienists who had worked for three years or more put higher stress on the fundamental course than those with a less career, and the dental hygienists with a five-year or higher career attached more importance to the education and research field than those with a smaller career. 4. There was a significant difference between the three age groups in their clinical role. The post-analysis results indicated thai the younger dental hygienists were more of assistants than of professionals, as they chiefly took X-ray photograph, handled treatment materials or performed treatment-related works. Overall, handling treatment materials was most common. 5. The three groups from the different work places significantly varied in their clinical role. According to the post-analysis, those from the dental clinics and dental hospitals took more x-ray photographs, handled more treatment materials and performed more relevant works, compared to those from the general hospitals, public dental clinics and their branches. 6. The two groups with a different career differed significantly in their clinical role. The post-analysis results suggested that the dental hygienists with a less career played an assistant role more, which handled treatment materials or carried out other relevant works. 7. The fundamental courses (I) and (II), preventive class (I) and (II) and its practice course were regarded as integrated subjects that they should take 10 offer preventive treatment, which was one of the dental hygienist missions. What's needed to act as dental-care educators was the basic courses (I) and (II), dental hygiene education and its practice. Finally, integrated clinical courses (I) and (II) and clinical practice were viewed as necessary for their role performance as dental treatment collaborators.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.239-258
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• 2018

The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn't have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn't seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer's damages that may occur from disqualified certificate of origin issued by the exporter.

• Journal of the Korea Institute of Building Construction
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• v.10 no.1
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• pp.111-120
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• 2010

The public construction industry in Korea involves a variety of stakeholders, encompassing multiple layers of contractual relationships that crisscross between the State as project client and the contractors, as well as subcontractors. In such a hierarchical landscape, managerial crises of contractors involving bankruptcy or insolvency can result in unexpected damages for both clients and subcontractors. Accordingly, the applicable legal framework requires project clients to act as patrons in relation to making payments to subcontractors, and stipulates provisions pertaining to direct payments to subcontractors in order to promote the balanced development of the national economy in terms of the public interest by protecting small and medium-sized businesses working as subcontractors for large businesses. However, the relevant legal documents provide for different payment criteria and procedures from document to document, and leave room for variations in the interpretation and construction of applicable provisions, which leads to disputes and discrepancies in court rulings. For this reason, it is necessary not only to compare and analyze statutory provisions pertaining to direct payment to subcontractors, but also to review issues of contention in actual cases. This study aims to analyze issues in cases involving payment to subcontractors from the perspective of the project client overseeing and supervising the construction business. The conclusions from such an analysis will help to effectively resolve subsequent cases of a similar nature by suggesting a strategy to improve the relevant statutory provisions pertaining to direct payment to subcontractors.

• The Korean Journal of Archival Studies
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• no.14
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• pp.53-89
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• 2006

The historical value of the official documents of the Government General of Choson preserved as permanent archived documents has long been recognized. However, the fact that only parts of the overall documents were preserved and that the contents of the existing documents is not uniform, results in many problems regarding the evaluation and usage of such documents as archives. This study attempts to appraise a series of archival documents related to urban district planning compiled during the colonial era. Although limited in terms of its applicability to the development of an evaluation method for the official documents of the Government General of Choson as a whole, by evaluating the value of these documents based on the background of the documents produced during the Government General of Choson's implementation of its colonial policy, this study provides an important indicator of how such documents should be used in the future. On the other hand, the assessment of historical records such as the official documents of the Government General of Choson which have already been designated and preserved as permanent archived documents should not be perceived as an attempt to dispose of the relevant documents. With regard to the appraisal of historical archives, it is necessary to consider measures to link such documents with existing databases or information contents in order to heighten access to and usage of the relevant documents in the future.

• Journal of the Korean BIBLIA Society for library and Information Science
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• v.29 no.4
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• pp.113-137
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• 2018

This study examined relevant literature to review the concept of low-income class, its criteria and types. Based on the cases surveyed, the service status of public libraries for low-income class in South Korea was determined. Based on the findings of this study, we proposed new library services necessary for low-income class, such as the implementation of relevant programs aimed at resolving the digital information divide of low-income class, the introduction of employment programs for the self-economic-support for low-income class adults, and the introduction of reading and counseling therapy services. In addition, this study proposed five policies for activating library services for the low-income class: (1) To revise the act on library law so as to clarify the concept of low-income class, its criteria and types, (2) to revise the master plan for library development so as to bolster the library services for low-income class, (3) to conduct a national-level survey of the low-income class status and of the library service status, (4) to determine the actual features of the low-income class and their information demands, and (5) to prepare library services tailored to the diverse types of low-income class.

• Journal of the Daesoon Academy of Sciences
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• v.34
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• pp.203-238
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• 2020

This paper focuses on legal risks and risk management affecting foreign religions or foreign religious legal persons in Taiwan. Beginning with an overview of relevant legal norms, types, processes, precautions, other such considerations, the purpose of this paper is to assist foreign religions when they first come to Taiwan for development. The contents of this paper can inform the adoption of a suitable methodology. If foreign religions want to come to Taiwan to develop, there may be several methods for their development: 1. Send Individual Missionaries to preach in Taiwan 2. Send Groups to Preach in Taiwan: 1) specify these groups as temples (or religious groups called "Lingtai (靈臺)"). 2) form civil associations or unincorporated religious groups 3) cases of temples that have not been registered (or specified as "Lingtai") 4) cases of offices and independent property and religious purposes that are not registered with the government or registered as temples (differentiated from item 3) 3. Establishing a research center in Taiwan: When foreign religions have established religious consortia in foreign countries, they can come to Taiwan to set up branches. 4. The establishment of legal persons in Taiwan: These are divided into "school legal persons", "religious corporate legal persons" and "religious consortium legal persons." Each of the above types has a different law applicable to it. This article will introduce the contents of each applicable law and important related matters such as the relevant funds, setting incentive rules for outstanding religious groups, and religious groups applying for foreigners. Due to foreign-related factors in the development and setting up of foreign religions in Taiwan, Act Governing the Choice of Law in Civil Matters Involving Foreign Elements is the parent law for solving conflicts regarding laws and regulations. The spirit of Article 2 and Italian Private International Law, Article 25, Paragraph 1 and so on, adopts the legalism of establishing legal personhood. It is clear that the national law regarding legal persons is the law under which it was incorporated. Therefore, foreign religious legal persons who encounter legal issues in Taiwan fall under the national law, which was established as domestic law. Therefore, internal matters regarding foreign legal persons are also applicable to domestic law.

• Journal of Korean Society for Atmospheric Environment
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• v.29 no.5
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• pp.536-544
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• 2013

Even a small amount of hazardous air pollutants could have a harmful influence upon human beings, animals and plants. Hazardous air pollutants have the properties of toxicity, canceration and organism accumulation. They include heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, dioxin, etc. The Clean Air Conservation Act has defined specific hazardous air pollutants and designated 35 pollutants, distinguishing them from common air pollutants for special control. This study investigates the history of the controls of specific hazardous air pollutants with reference to some relevant laws and regulations in Korea. It investigates the regulations at the permission stage, such as the restrictions on installation of emission facilities, the permission and reporting of installation of emission facilities, and the regulations at the operation stage, such as maintaining permissible emission levels, installation of measuring devices, dues for emission, self-measurement and securing environmental engineers. The current regulatory management is not so satisfactory in regards to the serious effects of specific hazardous air pollutants upon the human body. An advanced new concept, like the maximum available control technology in US, the facilities management standards, which will soon take effect, will be able to lessen the emissions of fugitive hazardous air pollutants. In addition, this study discusses some possible stricter controls on the emission facilities of specific hazardous air pollutants and proposes some measures to maintain and supplement the current systems.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.57-75
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• 2007

Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

• Journal of the Korean Society for Library and Information Science
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• v.38 no.4
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• pp.193-218
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• 2004

Electronic records created by Korean Government Agencies in the course of their business activities have been increased rapidly since e-Government had been implemented. With more government business being, conducted electronically, the importance of managing electronic records effectively, appropriately, and trustily has never been greater. For managing electronic records accountably and trustily, it to necessary to develop relevant and detail electronic records management regulation. For that reason, this study is to analyze Korean Acts and Foreign(USA, UK, Canada Australia) Acts, Regulations, or Policies related to electronic records management and to suggest legislative requirements which could guide to develop regulation or Act of electronic records management.